UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
BENNIE DEAN HERRING, BILLY CLYDE HERRING, RONALD MILLS, AND DEE DEE BELL, DEFENDANTS-APPELLANTS

11th Cir. | 1992-11-03
No. 90-7280
Before TJOFLAT, Chief Judge, FAY, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES, Circuit Judges.
977 F.2d 1435 Court of Appeals for the Eleventh Circuit (1992) Positive Treatment
Cited by 6 cases

Opinion of the Court
BY THE COURT:

BY THE COURT: A member of this court in active service having requested a poll on whether this case should be reheard by the Court sitting en banc, and a majority of the judges of this court in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel’s opinion is hereby VACATED.


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  • …t of the district court was affirmed by a panel of this court, but was subsequently vacated by a grant of rehearing en banc. Bellsouth Adv. & Pub. Corp. v. Donnelley Info. Pub., Inc., 933 F. 2d 952 (11th Cir.1991), vacated and reh’g en banc granted, 977 F. 2d 1435 (11th Cir.1992). . See 17 U.S.C. § 102(b). . Moreover, "[originality is a constitutional requirement” for copyright protection implicit in the grant of power to Congress to "securfe] for limited Times to Authors ... the exclusive Right to their res…
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  • Warren Publ'g, Inc. v. Microdos Data Corp., 115 F.3d 1509 (11th Cir. 1997)
    …cated by our grant of rehearing en banc, and thus the district court relied in part on the panel opinion. BellSouth Advertising & Publishing Corp. v. Donnelley Info. Publishing, Inc., 933 F. 2d 952 (11th Cir.1991), vacated and reh’g en banc granted, 977 F. 2d 1435 (11th Cir.1992), and on reh’g, 999 F. 2d 1436 (11th Cir.1993) (en banc), cert. denied, 510 U.S. 1101, 114 S.Ct. 943, 127 L.Ed.2d 232 (1994). . For instance, in the Georgia section of the book, Atlanta is designated as a principal community, with the…
  • United States v. Splawn, 982 F.2d 414 (10th Cir. 1992)
    …8th Cir.1992) (en banc); United States v. Lande, 968 F. 2d 907, 910-11 (9th Cir.1992). Subsequent to McNutt, two circuits reached the opposite conclusion. See United States v. Herring, 933 F. 2d 932, 939 (11th Cir.1991), vacated and reh’g granted, 977 F. 2d 1435 (11th Cir.1992). See also United States v. Hux, 940 F. 2d [*415] 314, 318 (8th Cir.1991) (following Herring), overruled by Davis, 978 F. 2d at 416. Although the contrary decisions of our sister circuits have been overruled or vacated, we had previ…

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